Vision_2012_06_21

NEWS

editionap.ca

Bilingualism battle not over yet warns Jean-Serge Brisson

ist who moved to Ontario from Québec where he was active in legal fights against language laws enacted by the past Parti Québecois gov- ernment. Brisson is a francophone businessman living in Embrun and also a former member of the township council. The two launched and lost a Charter of Rights challenge to the commercial signage bylaw at the Ontario provincial court level. The judge ruled that Galganov, a non-resident, had no standing to make the Charter challenge. Brisson, who is a local resident and runs a business in the township, was eligible but the judge ruled that the bylaw did not constitute a violation of the Charter of Rights and Freedoms. They filed for a review of the ruling with the Ontario Court of Appeal. The appeal court tribu- nal released its decision on June 15 and upheld the lower court’s judgment. Part of the argument for Galganov and Brisson in their appeal was that the bylaw is ultra vires, meaning that it exceeds the authority of the municipality and intrudes into either provincial or federal jurisdictions. The court dismissed that argument, stating that the wording of the bylaw,

GREGGCHAMBERLAIN gregg.chamberlain@eap.on.ca

Embrun | The Ontario Court of Appeal has ruled for RussellTownship and against the two men contesting the municipal signage bylaw as unconstitutional. One member of the los- ing side warns that while the municipality may have won the latest battle, the war is not fin- ished. “This is not over,”said Jean-Serge Brisson, dur- ing a phone interview June 15 after the Court of Appeal documents on the ruling were released. Brisson and Howard Galganov have lost the second of their court challenges to one of the sections in Russell Township’s commercial sig- nage bylaw. That section requires the main ex- terior sign for any business be in both official languages. The clause applies to new exterior signs. Existing signs may remain as is until they are replaced when the mandatory bilingualism clause will apply. Galganov is an English-language rights activ-

Howard Galganov (above) and Jean-Serge Brisson have been to court twice now and lost each time in their Charter of Rights challenge against the mandatory bilingualism clause in Russell Township’s commercial signage bylaw. The question now is whether or not they will take their legal battle as far as the Supreme Court of Canada and also whether or not the federal court will agree to hear the case.

PHOTO ARCHIVE

including the mandatory bilingualism clause for exterior business signs, does not exceed munici- pal responsibility. Brisson expressed concern that the court’s rul- ing could have a wider impact on the language rights of other ethnic groups in Canada. Other municipalities, he said, are now free to create their own language bylaws. “They (appeal court judges) have just allowed a municipal government to allow only two of- ficial languages to be allowed on commercial signs,” Brisson said. “Every other one (language) can be made illegal. I don’t think they under- stand the can of worms they’ve created. I’m a francophone, yes, but I believe in individual rights first and foremost. We have a right to use any language we choose.” Justice Karen M. Weiler wrote the appeal court ruling document on the case with the support of her fellow justices, Robert Sharpe and R.A. Blair. The report addresses the language rights ques- tion Brisson raised. “Choice of language is an important aspect of expression,” Justice Weiler stated, referring to several precedent cases. “Although, as Brisson contends, the requirement of joint use of French and English might create an additional burden for merchants and shopkeepers, there is nothing which impairs their ability to use another lan- guage equally. Persons engaged in commerce can use any language of their choice along with French and English.” Mayor Jean-Paul St-Pierre hopes that this lat- est court battle will be the last one between Rus- sell Township and Galganov and Brisson. “The bottom line is the three judges agreed with the previous judge that the municipality was within its rights,” Mayor St-Pierre said. “Ev- erything is the way it should have been. Hope- fully this will be the end of it.” Brisson and Galganov have a period of 60 busi- ness days to file an appeal to the Supreme Court of Canada. As the federal court is in recess over the summer, that means they may have until late September or the end of October to file if they want. “We are having a meeting and looking at our options,” said Brisson. “We are definitely look- ing at appealing this to the Supreme Court of Canada.” The mayor hopes they will let the matter drop. “Hopefully they don’t (appeal) and we can put this behind us,” he said. “My general feeling is I hope the residents come together and come to the conclusion that this is now the time to put this to rest and move on.” Galganov was unavailable for comment on the latest results of the court case though an inter- view request was left with his answering service. In the United Counties of Prescott-Russell, the City of Clarence-Rockland preceded Russell Township with a mandatory bilingualism clause in its commercial signage bylaw.

*

salle à manger dining room

All-you-can-drink

à volonté

9071, chemin de Comté 17, ROCKLAND

Présentationsuggérée.*Taxesensus.Valable jusqu’au 15 juillet2012,ensalleàmangerdesSt-HubertExpressparticipantsseulement.©MarquedecommercedeSt-HubertS.E.C.,employéesous licence. Suggestedserving.*Taxesextra.OffervaliduntilJuly 15,2012atparticipatingSt-HubertExpressdining roomonly.©TrademarkofSt-HubertL.P.,usedunder license.

Made with FlippingBook - Online magazine maker